CR 2003-086 East End Moratorium-Extension
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CITY OF
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HOPKINS
Council Report 03-86
May 27,2003
EAST END MORATORIUM - EXTENSION
Proposed Action.
Staff recommends the following motion: Move to adopt Ordinance 03-903, extending the
moratorium on rezonings and subdivisions in the primary study area of the east end study for
an additional six months, for first reading.
Overview.
The City of Hopkins is in the process of completing a land use and market analysis for the
east end of Hopkins. The City has contracted with Hoisington Koegler Group Inc. to do the
study. There was a concern by the Zoning and Planning Commission and the City Council
that during the study a development could occur in the study area that was counter to the
final recommendations of the study. As a result of this concern, the Planning Commission
recommended to the City Council that a moratorium be placed on rezonings and subdivisions
for the primary study area for the duration Of the study. The City Council agreed with the
Commission, adopting an interim ordinance.
The interim ordinance expires on June 24, 2003. The study is in the process of being
completed and should be available within the next few months. To allow time to draft
necessary ordinance changes, staff is requesting a six-month extension ofthe moratorium.
Supportine: Documents.
. Ordinance 03-903
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Planner
Financial Impact: $_ N/ A_Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
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Source:
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CR03-86
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Alternatives.
1. Approve the moratorium extension. By approving the moratorium extension, lots in the
primary study area will not be able to be rezoned or subdivided.
2. Deny the moratorium extension. By denying the moratorium extension, the lots in the
primary study area will be able to rezoned and subdivided during the study. If the City
Council considers this alternative, findings will have to be identified that support this
alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 03-903
AN ORDINANCE EXTENDING INTERIM ORDINANCE NO. 02-885, AN INTERIM
ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS
AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS; AND
REGULATING GRANTING OF LAND USE AMENDMENTS AND SUBDIVISIONS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS
FOLLOWS:
Section 1.
Backt!round and Findint!s.
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1.01 On November 7, 2001, the Hopkins City Council approved Ordinance No. 01-863 (the
"Interim Ordinance"), an interim ordinance enacting a moratorium on all land use
amendments, rezoning, subdivision or plats and directing City staff to prepare a planning
study to determine whether it is necessary to amend the City's existing Ordinances,
Regulations and Official Controls or adopt new ordinances relating to land use
amendments and subdivisions within the primary study area for the East End Study. The
Interim Ordinance is to remain in effect for a 'one (1) year period ending December 24,
2002. On December 17, 2002, Hopkins City Council approved Ordinance No. 02-885
extending the interim ordinance for an additional six months to June 24, 2003.
1.02 Section 1 of the Interim Ordinance included certain findings adopted and approved by the
Hopkins City Council as the basis for directing that the planning study be conducted and
adopting the moratorium on the granting of land use amendments and subdivisions
within the primary focus area of the study. The Hopkins City Council hereby determines
that the facts and circumstances and the findings described in Section 1 of the Interim
Ordinance remain in existence, that there continues to be a need for further evaluation
and review of the planning study by the Hopkins City Council, staff and consultants, and
adoption of ordinances, amendments to existing ordinances and/or regulations to address
the facts and circumstances that were the basis for adoption of the Interim Ordinance.
The City Council hereby confirms, adopts and ratifies the findings contained in Section 1
of the Interim Ordinance.
1.03 The Interim Ordinance will terminate on June 24, 2003. There is a need to extend the
term of the Interim Ordinance for a period of six additional months to protect the
planning process and the health, safety and welfare of City residents while evaluation of
the planning study is completed and a final determination is made by the Hopkins City
Council regarding the need for adoption of amendments to the City's ordinances,
/ regulations and official controls relating to and regulating land use amendments and
subdivisions located within the primary study area of the planning study conducted by
Hoisington Koegler Group and identified in the Interim Ordinance.
Section 2.
Extension of Interim Ordinance.
The Interim Ordinance, Hopkins Ordinance No. 02-885, is hereby extended for a period of six
months, ending December 24, 2003. The Interim Ordinance, including the moratorium
established by Section 3 thereof, shall remain in effect in all of its terms and conditions, as
originally adopted by the Hopkins City Council, until December 24, 2003, or such earlier date as
may hereafter be established by an ordinance duly adopted by the City Council repealing the
Interim Ordinance. .
Section 3.
Effective Date.
This ordinance shall be effective upon its publication.
First reading:
June 3, 2003
Second reading:
June 17,2003
Date of Publication: June 26,2003
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
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